Reference no: EM133618778

Question

Kodak Camera makes and sells a patented single-use camera. A consumer typically buys the camera, takes a roll of photos, sends the entire camera off for processing, and receives her photos back from the processor. If the consumer wants to take more photos, she buys another single-use camera. MotoPhoto is in the business of processing such pictures. When it receives a single-use camera from a consumer, it carefully opens the camera, removes and processes the film, and returns the finished photos. But it does not then dispose of the single-use camera. Rather MotoPhoto inserts a new roll of film, resets the film counter, fixes the damage it did in opening the camera, cleans the camera off, and sells the used camera to consumers. Kodak sues MotoPhoto for infringement, arguing that MotoPhoto is making and selling the patented device without authority. You are the in-house counsel for MotoPhoto and the managing director has asked you for an opinion as to whether Kodak's allegations are substantiated.